Orser

The appeals in these cases have been consolidated since they involve the same issues. In each, defendants were convicted of violating section 601 of the Business and Professions Code, and on appeal they contend that this statute is unconstitutional.

At the time of the proceedings below, section 601 provided as follows: “Every person who willfully writes, composes or publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception, or who offers his services by any notice, advertisement, or otherwise, to assist in the accomplishment of any such purpose is guilty of a felony and shall be punished as provided in the Penal Code. It shall not, however, be unlawful for information about the prevention of conception to be disseminated for purposes of public health education by any person who is not commercially interested, directly or indirectly, in the sale of any medicine or means which may be used for the prevention of conception.”

On January 16, 1969, the following item appeared in the Mid-Peninsula Free University bulletin: “Anyone needing a competent physician to terminate an…